Los Angeles daily herald., 1887-04-04

qualities or not. The only persons who
can know about this matter are the Jus
tices themselves. They, from daily ex.
perience and association, know better
than anybody else which of their num-
Der is the best fitted for presiding Of
ficer. And the amendments propose to
allow them to select from their own body
the man whom they think is best fitted
for the position. The election of jndge
is not taken away from the people by
this, for they elact all the Justices
The only effect of the amendment
in this regard is to determine
which of the Justices elected by the
people to act as presiding officer. Un.
der the existing provision, if it should
be ascertained that the person elected
as Chief Justice, though good Judge
and sound lawyer, has not administra-
tive ability, the business must suf-
fer for twelve years. Under the
proposed amendment he is selected
every two years, which is to secure in.
dependence, and yet to allow of a
change in case q m stake should chance
to be made.
The proposed change in this particular
will certainly expedite business.
There is also q provision for getting
rid of any of the Justices who may
from visitation of Providence, become
permanently incapable of discharging
his duties. To say that in such case the
afflicted Justice should always promptly
resign is too much to expect of human
nature; and the ordinary machinery to
enforce q removal is too difficult OF
enforcement to be efficacious Feelings of
compassion interpose, and prevent the
harsh punishment of removal from Office,
without any consolatory provision, for a
mere misfortune without any fault on
the part of the sufferer. The remedy
proposed is to give one SO afflicted the
sum of $3.50 per month for the balance
of his term, and to allow him to be re.
moved by the Governor, on the recon-
mendation of five of the Judges. Now
aside from considerations of the justice
of making some little provision for a
judicial officer stricken down in the pub.
lie service, "a thing done in most of the
other countries of the civilized world, J
we would put this question to the peo.
ple--is it not more economical to make
this slight provision, and SO get rid Of
an obstruction to public business, than
to continue such obstruction on full
salary!
Another change proposed relates to
the filling of vacancies. The necessity
of change will be apparent when at
tention is called to the difficulty which
has arisen by the death of Chief Justice
Morrison. If the Governor appoints a
Chief Justice, the appointee only holds
until the next general election. in the
fall of l8SS-say eighteen months. At
that election Chief Justice must be
elected to hold office for the remainder
of Judge Morrison's unexpired term,
which will be for only two years longer.
Then there must be an election in 1890
for the full term of twelve years. 1t
will be very difficult to find competent
man who will accept the appointment
from the Governor undor such circum-
stances, or who will be willing to stand
hischances of success at general cleo.
tion to serve only two years, understand.
ing that at the end of that time he must
again run the risk of the success of his
political party.
The proposed change merely gives the
Governor the power to appoint for the
balance of the unexpired term. In some
cases it will happen that the term of the
appointee will be extended for short
period, but it will not occur often.
Finally in an amendment to be sep.
arately voted on (amendment No. p it
is proposed to slightly increase judicial
salaries. The salaries of the Justices of
the Supreme Court, are raised from
$4,000 to $500 per snnum, and the sala.
ries of the Judges of the Superior Court
in some of the counties are raised from
$4,000 to $4,000 per annum; in the other
counties, there being no change in the
present rate except in Tulare and Mon.
terey, in which the salary is fixed at
$4,000 per annum.
This we submit is step in the right
direction. The function of decision
under our system, is not merely to dis
pose of the particular case, but also to
furnish rule for other cases. A great
body of the law is made in this manner.
And to make such rules harmonious and
adapted to the needs of society is most
delicate and difficult work, calling for a
high degree of skill and judgment.
Now experience 10 every walk of life
teaches that high degree Of skill can.
not be obtained at the lowest compensa.
tion. Lawyers, like other people, seek
the most advantageous market for what
they have to offer. If sufficient induce.
ment is not offered to them On the
bench, the best lawyer will not 60 there.
There are doubtless eminent exceptions
to this; but in the long run it will be
found to be true. The consequence of
such state of things is an inferior body
of law; inharmonious and conflicting de.
cisions and uncertain rules. 1t is very
poor economy to bring about such
condition of affairs to effect, what to the
State, is q pitiful saving. There are
some minor matters in the amendments
of which space does not permit the dis
cussion.
In conclusion, it is submitted that
nothing can be more importont than
speedy justice. Delay defeats, in many
cases, the purposes for which courts are
established. 1T enables the dishonest
man to use the law to screen himself
from justice, and puts it in the power of
the rich to oppress the poor, who are
driven to submission before the tardy
of the Courts can afford him
relief. Of scarcely less importance is
it to have sound body of harmonious
rules adapted to the needs OF society,
and under which business can be car
ried on without unne cessary friction.
Believing that the amendments are
in furtherance of these ends, we recon.
mend them to the press and the people.
BAR ASSOCIATION OF SAN Francisco.